Dale v. Lavigne

Decision Date15 January 1875
Citation31 Mich. 149
CourtMichigan Supreme Court
PartiesHenry S. Dale and others v. Felix Lavigne

Heard January 15, 1875

Error to St. Clair Circuit.

Lavigne sued plaintiffs in error in justice's court, and recovered judgment on Tuesday, June 9, 1874. On Monday the 15th day' of June, 1874, the defendants in said judgment filed their appeal papers with the justice, who made return to the appeal, showing this fact. Lavigne's counsel thereupon moved in the circuit to dismiss the appeal on the ground, among other things, that it was not taken within the time required by the statute.

This motion was granted, and the appellants bring error.

Judgment affirmed.

Chadwick & Potter, for plaintiffs in error.

Atkinson Bros., for defendant in error, were stopped by the court.

OPINION

The Court held that the ruling of the circuit judge was correct, and that the case was within the principle of Harrison v. Sager, 27 Mich. 476.

Judgment affirmed.

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8 cases
  • State v. Foster
    • United States
    • North Dakota Supreme Court
    • November 24, 1905
    ...of a statutory requirement, Sunday will not be excluded and the act must be done on Saturday. Harrison v. Sager, 27 Mich. 476; Dale v. Lavigne, 31 Mich. 149; Vailes Brown, 27 P. 945; Peacock v. Reg., 93 E. C. L. 264; Ex parte Simkin, 105 E. C. L. 392; Rollin v. Overseers, 52 E. C. L. 71; Sh......
  • Lowry v. Stotts
    • United States
    • Kentucky Court of Appeals
    • May 5, 1910
    ...we cannot do. Peacock v. Reg., 93 E. C. L. 264; Ex parte Simpkins, 105 E. C. L. 392; Johnson v. Meyers, 54 F. 417, 4 C.C.A. 399; Dale v. Lavigne, 31 Mich. 149; Ex parte Dodge, 7 (N. Y.) 147; Paine v. Mason, 7 Ohio St. 198; Burr v. Lewis, 6 Tex. 76; Haley v. Young, 134 Mass. 364; Matthews v.......
  • Lowry, &C., v. Stotts, &C.
    • United States
    • Kentucky Court of Appeals
    • May 5, 1910
    ...can not do. Peacock v. Reg. 93 E. C. L. 264; Ex parte Simpkins, 105 E. C. L. 392; Johnson v. Meyers, 54 Fed. 417, 4 C. C. A. 399; Dale v. Lavigne, 31 Mich. 149; Ex parte Dodge, 7 Cow. (N. Y.) 147; Paine v. Mason, 7 Ohio St. 198; Burr v. Lewis, 6 Tex. 76; Haley v. Young, 134 Mass. 364; Matth......
  • Johnson v. Merritt
    • United States
    • Minnesota Supreme Court
    • June 27, 1892
    ... ... Young, 134 ... Mass. 364; Alderman v. Phelps, 15 Mass. 225; ... Drake v. Andrews, 2 Mich. 203; Harrison v ... Sager, 27 Mich. 476; Dale v. Lavigne, 31 Mich ... 149; Ex parte Dodge, 7 Cow. 147; People v. Luther, 1 ... Wend. 42; Bates v. Loomis, 5 Wend. 134; State v ... Green, 66 ... ...
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